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Miren las importancia que tienen los blogs China law Prof.Blog . Chile tiene un TLC con China y que ¿sabemos de las leyes Chinas? ¿Hay abogados chilenos preparándose en materias legales Chinas?
Bueno acá les anticipo de lo que se hace en USA al respecto, saquemos conclusiones y ejemplos: ( perdonen que les presente en Inglés, pero es buenos que practiquemos inglés, nos va a servir mucho )
China Law Prof Blog blocked in China again
Oops, I did it again, apparently. Something in a previous posting - was it my daring expose of the Beijing company selling lunar real estate? - has attracted the attention of the security authorities and the blocking now seems not intermittent, but permanent and complete. If anyone is reading this in China, please let me know.
December 2, 2005 in News - Miscellaneous | Permalink | Comments (0) | TrackBack (0)
Illinois in China
Here's the latest from the Dec. 2005-Jan. 2006 Dean's newsletter at the University of Illinois College of Law:
Seven College of Law faculty members will travel to Guangzhou, China from December 3-11 to attend a conference entitled "The Role of Law in Economic Development -- Implications for China in the World," co-sponsored by the University of Illinois College of Law and the Law Faculty of Sun Yat-sen University. Those attending the conference include Professors William Davey, Tom Ginsburg, Jay Kesan, Larry Ribstein, Larry Solum, Charles Tabb, and Cynthia Williams. The relationship between law and economic development has been one of the central concerns of modern social theory and legal scholarship, and is of increasing importance to policy-makers in national governments and multilateral development institutions. It is also a critical issue for China's future, as China seeks continued economic growth while assigning a greater role to law and the legal system in underpinning that growth. The conference is being held as part of Sun Yat Sen University's celebration of the centennial of legal studies in Guangdong.
December 2, 2005 in News - Miscellaneous, People and Institutions | Permalink | TrackBack (0)
Thursday, December 1, 2005
Chinese law research projects approved by Ministry of Justice
The Ministry of Justice recently issued the 2005 list of ministry-level legal research projects approved for funding. A quick review shows that the term 和谐 (hexie: harmony), associated with Hu Jintao's leadership, appears in the title of seven of the 134 approved projects. In the list of 94 projects approved in 2003 (I couldn't find the 2004 list on line), the term does not appear at all.
December 1, 2005 in News - Chinese Law | Permalink | TrackBack (0)
Friday, November 25, 2005
Asian Law Institute conference, Shanghai, 25-26 May 2006
The Asian Law Institute, a consortium of Asian law faculties operating out of the National University of Singapore, will have its third conference on 25-26 May 2006 in Shanghai at the East China University of Politics and Law. The theme of the conference is "The Development of Law in Asia: Convergence versus Divergence?"
Full details available here.
November 25, 2005 in Conferences | Permalink | TrackBack (0)
Wednesday, November 23, 2005
Beijing court abolishes sanctions for overturned decisions
The Beijing No. 1 Intermediate-Level People's Court recently announced that it was doing away with the system of disciplining judges on the basis of overturned decisions. Under that system, if a certain number of decisions were revised or overturned on appeal (or presumably on retrial pursuant to judicial supervision as well), the judge would receive sanctions in the form of benefit cuts or demerits. This system, commonly practiced in the Chinese courts, has been criticized by many on the grounds that (1) it leads judges to clear their decisions with superior courts beforehand, often through non-transparent means that in effect jeopardize the meaningfulness of an appeal, and (2) that it leads judges to pressure the parties unduly to accept a "mediated" settlement, from which (being theoretically voluntary) there is no appeal. Superior court judges, being only human, may also be reluctant in a close case to overturn a judgment when it will bring sanctions on the head of a fellow judge. Finally, of course, the system rests on a questionable premise: that there are no close cases, and that one "wrong" judgment is just as bad as another.
In order to avoid these perverse incentives, the No. 1 Intermediate Court has decided to replace a disciplinary system based on outcomes with a system based on process: the judge's behavior. Thus, judges are henceforth to be rewarded or disciplined based on their conduct of trials, not on whether the judgment is overturned or not.
Web reference:
- ChinaLawInfo report (in Chinese)
Tuesday, November 22, 2005
He Weifang
Periodically I would like to post short biographies of people in the Chinese law community (both the people in China who in a sense make Chinese law and the people outside who study it). Today's entry is He Weifang (贺卫方), a professor of law at Peking University's Faculty of Law.
The bio, compiled by China Law Digest, can be found here．
November 22, 2005 in People and Institutions | Permalink | Comments (0) | TrackBack (0)
Monday, November 21, 2005
And you thought "to die of rage" was just an expression
The expression "to die of anger" (气死) is very common in Chinese (or maybe just among the Chinese people I know). It has now received official sanction as a cause of action in tort. The Worker's Daily (工人日报) reported in its Oct. 24, 2005 issue about a case in which a husband successfully sued a company for having caused the death of his wife in this way. In July, 2002, his wife and several other workers had confronted a senior official at the company about back wages they were owed. The official apparently said rather dismissively, "I can't do anything about it; go to the government or go to court." At this, the wife began foaming at the mouth and fell senseless to the ground.
The cause of death was ascertained to be cerebral hemorrhage triggered by the argument over wages. The husband brought suit in January, 2005. In its judgment, the court found that the company official had been too harsh in his tone (语言有些生硬) and had caused the victim's death; it found for the husband against the company.
Interestingly, nobody seems to have noticed that the statute of limitations for this action had long since run. The general limitation is two years under Art. 135 of the General Principles of Civil Law, and under Art. 136 it's one year for actions for personal injury.
Web references:
November 21, 2005 in News - Chinese Law | Permalink | Comments (1) | TrackBack (0)
Sunday, November 20, 2005
Latest issue of China Law Digest now available
The October issue of China Law Digest (Vol. 1, No. 8) is now available on line here.
November 20, 2005 in Publications | Permalink | TrackBack (0)
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RECENT POSTS & ARCHIVES
TOPICAL & CHRONOLOGICAL ARCHIVES
- China Law Prof Blog blocked in China again
- Illinois in China
- Chinese law research projects approved by Ministry of Justice
- Asian Law Institute conference, Shanghai, 25-26 May 2006
- Beijing court abolishes sanctions for overturned decisions
- He Weifang
- And you thought "to die of rage" was just an expression
- Latest issue of China Law Digest now available
- Antitrust law in China
- Chinese Law Prof Blog intermittently blocked again in China
Sincerely yours, Rodrigo González Fernández, lawyerschile.blogspot.com
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